Economics of Constitutional Law

Economics of Constitutional Law

Edited by Richard A. Epstein, James Parker Hall Distinguished Service Professor of Law, University of Chicago, the Peter and Kirsten Bedford Senior Fellow, The Hoover Institution and Visiting Professor of Law, New York University Law School, US

In this thought-provoking collection, Professor Epstein brings together the leading articles which explore the economic approach to the two major issues of constitutionalism. The first volume deals with structural protections that are afforded by the separation of powers, the use of checks and balances, and the institutions of federalism. The second volume deals with the protection of individual rights in connection with property, speech, religion, due process and equality. Both volumes focus on the extent to which assumptions about self-interest and human nature influence the choice of social institutions. They offer extensive comparisons between the classical liberal and social democratic views of constitutional law. Professor Epstein’s lengthy and careful introduction seeks to weave together the diverse approaches to constitutional law exhibited in these volumes.

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In this thought-provoking collection, Professor Epstein brings together the leading articles which explore the economic approach to the two major issues of constitutionalism. The first volume deals with structural protections that are afforded by the separation of powers, the use of checks and balances, and the institutions of federalism. The second volume deals with the protection of individual rights in connection with property, speech, religion, due process and equality. Both volumes focus on the extent to which assumptions about self-interest and human nature influence the choice of social institutions. They offer extensive comparisons between the classical liberal and social democratic views of constitutional law.

Professor Epstein’s lengthy and careful introduction seeks to weave together the diverse approaches to constitutional law exhibited in these volumes.

‘Richard Epstein has compiled a brilliant collection of essays that explore the insights of economic theory on such diverse constitutional issues as separation of powers, federalism, takings, free speech, freedom of religion, and due process of law. These essays illuminate and challenge fundamental questions about the meaning and application of our constitution.’
– Geoffrey Stone, University of Chicago Law School, US

PART II THE STRUCTURAL CONSTITUTION
A Separation of Powers
4. Saul Levmore (1992), ‘Bicameralism: When are Two Decisions Better than One?’
5. Susan Rose-Ackerman (1992), ‘Judicial Review and the Power of the Purse’
6. Eric R. Claeys (2004), ‘Progressive Political Theory and Separation of Powers on the Burger and Rehnquist Courts’
7. Jide Nzelibe (2006), ‘A Positive Theory of the War-Powers Constitution’